DRC Reso 160R-2004-20
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 160
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION TO THE R1 ORDINANCE TO ALLOW A
FIVE FOOT SETBACK WHEN TEN FEET IS REQUIRED TO
CONSTRUCT A NEW 3,235 SQUARE FOOT SINGLE STORY
RESIDENCE.
SECTION I: PROTECT DESCRIPTION
Application No.: R-2004-20
Applicant: Ali Mohaijen
Location: 10350 Wunderlich Drive
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Design Review Committee has
held one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1. The project is consistent with the Cupertino Comprehensive General Plan, the
zoning ordinance and the purposes of this title.
2. The granting of this permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity.
3. The proposed residence has been designed to be in scale and harmonious with
the general neighborhood.
4. The proposed residence is consistent with design guidelines developed by the
Director of Community Development.
Resolution No. 160 R-2004-20 July 7, 2004
Page 2
5. The proposed residence will not result in significant adverse visual impacts as
viewed from adjoining properties.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and .other evidence
.submitted in this matter, the application no. R-2004-20, is here by approved; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the public hearing record concerning Application
R-2004-20 as set forth in the Minutes of the Design Review Committee Meeting of July
7, 2004, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set as part of the staff report to the Design Review
Committee dated April 2, 2004, except as may be amended by conditions in this
resolution.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified that
the 90 -day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90 -day period complying with all
of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
Resolution No. 160 R-2004-20 July 7, 2004
Page 3
PASSED AND ADOPTED this 7th day of July 2004, at a Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Commissioner Miller and Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Ciddy Wordell,
City Planner
G:\P1anning\DRC\res\R-2004-20 res.doc
APPROVED:
Gilbert Wong, Chairper on
Design Review Committee